INTRODUCTION
When police arrest a person accused of a crime. The person has a legal right to file for a Bail, for being considered being released from police custody. Bail is the process of getting released from police custody. To get the bail granted, there are few concept and types of bails which the person has to execute a bail bond along with furnishing securities. The person has to comply with the bail bond and ensure his presence in front of the police or the Court whenever required to do so. Failure to do so can result in termination of the bail.
Form 45
The concerned person shall submit Form No. 45 in the Court. In case the accused charged with a Non-Bailable offence, the same form shall submit but it is up to the discretion of the Court to decide whether the bail shall be granted or not. If the Court has reasonable grounds for detaining the persons, the bail application can be refused.
Bail Application: Format
In the Court of Justice ____________________
Police Station:
Next date of hearing _____________
F.I.R. No.: Under Section: Sent to Jail on ______ Bail Bond I, ________________ son of ________________; Resident of ____________________________ having been arrested or detained without warrant by the officer in-charge of________________ Police Station for having been brought before this Hon’ble Court charged with the offence of___________________ and required to give surety for my attendance before such Officer or Court on condition that I shall attend such officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default there in I hereby bind myself to forfeit to Government the sum of Rs _______ .
I ____________ son of Shri ______________Resident of _____________________________hereby declare myself for the above said Shri ________________________________that he shall attend the officer-in-charge of __________________________________Police Station or the Court of Shri _________________every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and reappear before such officer or Court for the purpose of such investigation to answer the charge against him (as the case may be) and in the case of his making default herein I have bind myself to forfeit to Government the sum of Rs. ______ Dated this ___________ day of _____________ 200___.
Witnesses:
- __________________
- __________________
Signature
Section 436 CrPC
However, the format for a bail application completely depends on the offense. Section 436 of CrPC any person, who is arrested for a bailable offense and can present his bail bond. The bail is to be granted as a matter of right. Under this section, the Court cannot exercise any discretion in granting the bail.
Under Section 437 the Court or the Police Officer is authorized to grant bail to an accused who is arrested for a nonbailable offense. It is up to the discretion of the person granting whether the bail will be granted or not. The Court or the police assess the risk of granting the bail and if it is. Under Section 439 High Court or Court of Sessions possesses special powers to direct the release on bail of an accused. These special powers are entirely discretionary and also apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an accused person.
Interim Bail
When an application is filed for a grant of bail before or a High court or a Supreme Court. It requires certain necessary documents from the lower courts such as the charge sheet, certified copies of the documents, the case diary, etc. to take a final decision. Procurement of these documents requires time. And accused is required to be in custody till these documents are procured and the court can make a judgment. In situations like these, the accused can apply for an interim bail to avoid jail for this said period until the higher court procures the document from the lower court. The interim bail is a temporary bail granted till the court takes its final decision regarding the bail. The court may grant permanent bail, extend the interim bail, or reject the current bail application.
Interim Bail is essentially a bail grant on a condition by the Honorable Court.
By Aryan Dhingra
B.B.A LLB 2nd Year student of OP Jindal Global University